EXECUTIVE SUMMARY
The Australian school sector strongly supports the ALRC’s proposals for the introduction of a fair use provision and the repeal of the educational statutory licences. They are important reforms that will ensure that Australia's copyright laws are updated for the digital economy.
Fair use is critically important to modern education
Fair use will remove the roadblocks currently impeding the use of digital technologies in Australian schools.
For example, a teacher is currently allowed to write a poem on a blackboard for free. If she writes the same poem on a digital whiteboard instead, this activity must be paid for under a statutory licence. Imposing fees on basic educational uses of digital materials creates disincentives for teachers to use the most modern teaching methods for the benefit of Australian students.
Fair use will make life easier for teachers
Teachers currently need to learn different copyright rules for different types of copyright content, and different technologies. For example, different rules apply to novels v short story collections, artworks v illustrations, CDs and MP3s, books and newspapers. They also apply differently depending on whether the teacher uses a photocopier or a learning management system.
Fair use would allow clear and simple guidelines to be created that could apply irrespective of the content or teaching method being used. The flexibility of fair use will allow guidance to be provided about how teachers should be allowed to use emerging technologies in classrooms.
Fair use would not mean all educational use of copyright content would be free
A series of misleading claims have recently been made by the Australian Society of Authors (ASA) and Copyright Agency suggesting that the ALRC’s proposals would take fair remuneration away from Australia’s authors and seriously challenge the rights and income of Australian authors and publishers. These claims are not supported by fact.
The Australian school sector clearly stated in submissions to the ALRC that introducing a flexible exception would not mean that all educational uses of copyright materials would be free, and that many uses of educational materials would continue to be paid for under collective voluntary licensing arrangements (similar to those currently in place with music collecting societies).
This statement was endorsed by State, Territory and Commonwealth Education Ministers, as well as the Independent Schools Council of Australia and the National Catholic Education Office.
Collective licensing arrangements will continue to operate under the ALRC's proposals. Copyright owners will not be required to negotiate individually with schools, nor will each school need to obtain a separate licence for its copyright use.